Kailash Yadav vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is the first application under Section 439 Cr.P.C for grant of bail. The applicant Kailash Yadav was arrested on 10.10.2020 in connection with

Crime No.645/2020 registered at Police Station Bina, Distt. Sagar (M.P.) for the offence punishable under Sections 34(2), 42 of Excise Act.

As per the prosecution case, on 10.10.2020, on the information of informant, police apprehended the applicant and seized 90 bulk liter of country made

liquor from his possession, which was illegally kept by the applicant in his possession.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The applicant has been in

custody since 10.10.2020 and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

Learned counsel for the State opposed the prayer and submitted that two other offences are also registered against the applicant, so he should not be

released on bail.

Looking to the facts and circumstances of the case and the fact that no other offence under Section 34(2) of the M.P. Excise Act has been registered

against the applicant so far except this case, applicant is in custody since 10.10.2020, conclusion of the trial will take time, without commenting on

merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of

Rs.50,000/-(Rs. Fifty Thousand Only) with surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the

trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

C.C. on payment of usual charges.